The Maine FERC/Hydropower Program

Overview

MEFO staff provides technical evaluations on the effects of hydroelectric power projects to fish and wildlife resources. Federal Energy Regulatory Commission (FERC) regulations, as authorized by the Federal Power Act, and the Fish and Wildlife Coordination Act, require license applicants and licensees to consult with the U.S. Fish and Wildlife Service (Service) prior to and after project licensing, so the Service may provide FERC with:

  • recommendations for the protection, mitigation of damages to, and enhancement of fish and wildlife resources for licensed projects;
  • mandatory prescriptions for fish passages;
  • mandatory conditions for the protection, mitigation of damages to, and enhancement of fish and wildlife resources for exempted projects; and
  • mandatory terms and conditions to provide for the protection and utilization of Service lands upon which proposed hydropower projects may be located.

MEFO’s involvement in the FERC Hydropower program provides opportunities to:

  • implement upstream and downstream fish passage fish passage
    Fish passage is the ability of fish or other aquatic species to move freely throughout their life to find food, reproduce, and complete their natural migration cycles. Millions of barriers to fish passage across the country are fragmenting habitat and leading to species declines. The U.S. Fish and Wildlife Service's National Fish Passage Program is working to reconnect watersheds to benefit both wildlife and people.

    Learn more about fish passage
    ;
  • restore more natural river flows downstream from projects;
  • restore flows to dewatered river reaches;
  • protect and enhance aquatic and riparian riparian
    Definition of riparian habitat or riparian areas.

    Learn more about riparian
    fish and wildlife habitat;
  • reduce reservoir fluctuations;
  • protect listed species;
  • improve water quality.

This effort integrates many of the Service's programs as we coordinate our hydropower activities with our Endangered Species, Partners for Fish and Wildlife, and Environmental Response and Restoration programs, when applicable. We also work closely with the Gulf of Maine Coastal Program and our Fisheries and Aquatic Conservation Division on fish restoration and with fishway engineers on fish passage designs.

Success in the hydropower program requires a long-term project planning commitment (the FERC licensing process averages 5-6 years to complete) and many years of post-license implementation, follow-up and compliance verification. However, these activities reap tremendous long-term (40-50 years) fish and wildlife benefits.

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Hydro Licensing/Re-licensing

Licenses issued by the Federal Energy Regulatory Commission (FERC) are typically issued for periods of 40 to 50 years. Therefore, the licensing/relicensing process represents a critical opportunity to secure measures to protect, conserve, and enhance fish and wildlife resources potentially affected by project construction and/or operation. FERC also issues exemptions from licensing, which never expire. Therefore, it is very important for the Service to participate in exemption proceedings to ensure the exemption contains terms and conditions that minimize potential adverse environmental impacts of the project.

Within the FERC permitting process there are opportunities for the Service (and other stakeholders) to request studies it deems necessary in order to provide information that will assist in development of recommendations, terms and conditions, or prescriptions that the FWS then submits to FERC for potential inclusion in any license issued for the project.

As a result of many dams constructed in New England (from the time of colonization through the Industrial Revolution and beyond), there are many hydropower projects in the region. The "Class of '93" was a term used to describe the large number of hydropower projects whose licenses all expired around the same time (1993). Right now another "class" of projects is up for relicensing. The North Atlantic-Appalachian Region (which stretches from Maine to Virginia) has the largest relicensing workload in the country over the next few years. Because existing and project future workload exceeds staffing, MEFO's hydropower program has to prioritize projects, working on those that are important to the tribes, our State counterparts, and align with the Service's mission, initiatives, and priorities.

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Fish Passage and Aquatic Connectivity

Americans derive significant economic and recreational enjoyment from healthy rivers, aquatic habitats, and the fish and wildlife that inhabit freshwater ecosystems. MEFO biologists works to improve and maintain those benefits for Americans by restoring access to important habitat and conserving the quantity and quality of habitat within rivers.

Barriers, such as dams, can prevent movement of both sea-run and resident riverine fishes. MEFO works closely with tribal, state, Federal, and non-government partners, as well as dam owners, to improve aquatic connectivity as part of the Federal Energy Regulatory Commission’s (FERC) permitting process, through the institution of effective upstream and downstream fish passage.

Facilities include physical structures, flows required to operate those structures effectively, and in some cases operational measures. Fish ladders or lifts facilitate movement of anadromous fish to upstream spawning and rearing habitat. While the catadromous American eel may use ladders and lifts while migrating to upstream rearing habitat, dedicated eelways are usually more effective. Downstream passage systems typically include exclusionary screening over trashracks to prevent fish from becoming entrained in the hydropower turbine(s) as well as a safe way to move fish downstream (such as a surface bypass).

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Species of Interest

Click on the names below for additional information on species that occur at hydropower projects in Maine:

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Our Hydropower Partners

Hydropower facilities use a public resource, water, and because of this there are typically many stakeholders or user groups that have an interest in the development, permitting, and operation of a project. MEFO consults and coordinates with a number of other resource agencies (Federal and state), tribes, and non-governmental organizations during the permitting process. These conservation partnerships have a number of benefits, including providing a more holistic view of potentially affected resources, additional expertise and/or local knowledge of issues and site history, and synergy in assessing impacts as well as identifying potential avoidance, minimization, or mitigation measures.

For additional information on the FERC licensing or re-licensing process in Maine, contact the MEFO FERC Coordinator, Julianne Rosset.